98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5771
 
Introduced , by Rep. Dennis M. Reboletti
 
SYNOPSIS AS INTRODUCED:



  
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1

 Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment if the defendant is a person who, at the time of the commission of the murder, had attained the age of 18 or more and is found guilty of murdering an individual under 12 years of age. Declares legislative intent to re-enact and modify the provision to comply with U.S. Supreme Court and Illinois Supreme Court decisions.




LRB098 17066 RLC 52151 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5771LRB098 17066 RLC 52151 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Section 5-8-1 as follows:



6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)


7 Sec. 5-8-1. Natural life imprisonment; enhancements for 
8use of a firearm; mandatory supervised release terms. 

9 (a) Except as otherwise provided in the statute defining 
10the offense or in Article 4.5 of Chapter V, a
sentence of 
11imprisonment for a felony shall be a determinate sentence set 
12by
the court under this Section, according to the following 
13limitations:


14  (1) for first degree murder,


15   (a) (blank),


16   (b) if a trier of fact finds beyond a reasonable

17 doubt that the murder was accompanied by exceptionally

18 brutal or heinous behavior indicative of wanton 
19 cruelty or, except as set forth
in subsection (a)(1)(c) 
20 of this Section, that any of the aggravating factors

21 listed in subsection (b) or (b-5) of Section 9-1 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012 are

23 present, the court may sentence the defendant to a term 
 
 
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1 of natural life
imprisonment, or


2   (c) the court shall sentence the defendant to a 
3 term of natural life
imprisonment when the death 
4 penalty is not imposed if the defendant,


5    (i) has previously been convicted of first 
6 degree murder under
any state or federal law, or


7    (ii) is a person who, at the time of the 
8 commission of the murder,
had attained the age of 
9 18 or more and is found guilty of murdering an

10 individual under 12 years of age; or, irrespective 
11 of the defendant's age at
the time of the 
12 commission of the offense, is a person who, at the 
13 time of the commission of the murder,
had attained 
14 the age of 17 or more and is found guilty of 
15 murdering an
individual under 12 years of age; or, 
16 irrespective of the defendant's age at
the time of 
17 the commission of the offense, is found guilty of 
18 murdering more
than one victim, or


19    (iii) is found guilty of murdering a peace 
20 officer, fireman, or emergency management worker 
21 when
the peace officer, fireman, or emergency 
22 management worker was killed in the course of 
23 performing his
official duties, or to prevent the 
24 peace officer or fireman from
performing his 
25 official duties, or in retaliation for the peace 
26 officer,
fireman, or emergency management worker 
 
 
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1 from performing his official duties, and the 
2 defendant knew or should
have known that the 
3 murdered individual was a peace officer, fireman, 
4 or emergency management worker, or


5    (iv) is found guilty of murdering an employee 
6 of an institution or
facility of the Department of 
7 Corrections, or any similar local
correctional 
8 agency, when the employee was killed in the course 
9 of
performing his official duties, or to prevent 
10 the employee from performing
his official duties, 
11 or in retaliation for the employee performing his

12 official duties, or


13    (v) is found guilty of murdering an emergency 
14 medical
technician - ambulance, emergency medical 
15 technician - intermediate, emergency
medical 
16 technician - paramedic, ambulance driver or other 
17 medical assistance or
first aid person while 
18 employed by a municipality or other governmental 
19 unit
when the person was killed in the course of 
20 performing official duties or
to prevent the 
21 person from performing official duties or in 
22 retaliation
for performing official duties and the 
23 defendant knew or should have known
that the 
24 murdered individual was an emergency medical 
25 technician - ambulance,
emergency medical 
26 technician - intermediate, emergency medical

 
 
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1 technician - paramedic, ambulance driver, or other 
2 medical
assistant or first aid personnel, or


3    (vi) is a person who, at the time of the 
4 commission of the murder,
had not attained the age 
5 of 17, and is found guilty of murdering a person 
6 under
12 years of age and the murder is committed 
7 during the course of aggravated
criminal sexual 
8 assault, criminal sexual assault, or aggravated 
9 kidnaping,
or


10    (vii) is found guilty of first degree murder 
11 and the murder was
committed by reason of any 
12 person's activity as a community policing 
13 volunteer
or to prevent any person from engaging in 
14 activity as a community policing
volunteer. For 
15 the purpose of this Section, "community policing 
16 volunteer"
has the meaning ascribed to it in 
17 Section 2-3.5 of the Criminal Code of 2012.


18   For purposes of clause (v), "emergency medical 
19 technician - ambulance",
"emergency medical technician -
20  intermediate", "emergency medical technician -

21 paramedic", have the meanings ascribed to them in the 
22 Emergency Medical
Services (EMS) Systems Act.


23   (d) (i) if the person committed the offense while 
24 armed with a
firearm, 15 years shall be added to 
25 the term of imprisonment imposed by the
court;


26    (ii) if, during the commission of the offense, 
 
 
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1 the person
personally discharged a firearm, 20 
2 years shall be added to the term of
imprisonment 
3 imposed by the court;


4    (iii) if, during the commission of the 
5 offense, the person
personally discharged a 
6 firearm that proximately caused great bodily harm,

7 permanent disability, permanent disfigurement, or 
8 death to another person, 25
years or up to a term 
9 of natural life shall be added to the term of

10 imprisonment imposed by the court.


11  (2) (blank);


12  (2.5) for a person convicted under the circumstances 
13 described in subdivision (b)(1)(B) of Section 11-1.20 or

14 paragraph (3) of subsection (b) of Section 12-13, 
15 subdivision (d)(2) of Section 11-1.30 or paragraph (2) of 
16 subsection
(d) of Section 12-14, subdivision (b)(1.2) of 
17 Section 11-1.40 or paragraph (1.2) of subsection (b) of

18 Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or 
19 paragraph (2) of subsection (b) of Section 12-14.1
of the 
20 Criminal Code of 1961 or the Criminal Code of 2012, the 
21 sentence shall be a term of natural life
imprisonment.

22 (b) (Blank).

23 (c) (Blank).

24 (d) Subject to
earlier termination under Section 3-3-8, the 
25parole or mandatory
supervised release term shall be written as 
26part of the sentencing order and shall be as follows:


 
 
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1  (1) for first degree murder or a Class X felony except 
2 for the offenses of predatory criminal sexual assault of a 
3 child, aggravated criminal sexual assault, and criminal 
4 sexual assault if committed on or after the effective date 
5 of this amendatory Act of the 94th General Assembly and 
6 except for the offense of aggravated child pornography 
7 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
8 sentencing under subsection (c-5) of Section 11-20.1 of the 
9 Criminal Code of 1961 or the Criminal Code of 2012, if 
10 committed on or after January 1, 2009, 3 years;


11  (2) for a Class 1 felony or a Class 2 felony except for 
12 the offense of criminal sexual assault if committed on or 
13 after the effective date of this amendatory Act of the 94th 
14 General Assembly and except for the offenses of manufacture 
15 and dissemination of child pornography under clauses 
16 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
17 of 1961 or the Criminal Code of 2012, if committed on or 
18 after January 1, 2009, 2 years;


19  (3) for a Class 3 felony or a Class 4 felony, 1 year;


20  (4) for defendants who commit the offense of predatory 
21 criminal sexual assault of a child, aggravated criminal 
22 sexual assault, or criminal sexual assault, on or after the 
23 effective date of this amendatory Act of the 94th General 
24 Assembly, or who commit the offense of aggravated child 
25 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
26 with sentencing under subsection (c-5) of Section 11-20.1 
 
 
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1 of the Criminal Code of 1961 or the Criminal Code of 2012, 
2 manufacture of child pornography, or dissemination of 
3 child pornography after January 1, 2009, the term of 
4 mandatory supervised release shall range from a minimum of 
5 3 years to a maximum of the natural life of the defendant;


6  (5) if the victim is under 18 years of age, for a 
7 second or subsequent
offense of aggravated criminal sexual 
8 abuse or felony criminal sexual abuse,
4 years, at least 
9 the first 2 years of which the defendant shall serve in an

10 electronic home detention program under Article 8A of 
11 Chapter V of this Code;
 
12  (6) for a felony domestic battery, aggravated domestic 
13 battery, stalking, aggravated stalking, and a felony 
14 violation of an order of protection, 4 years. 
15 (e) (Blank).

16 (f) (Blank).

17 (g) In People v. Wooters, 188 Ill. 2d 500 (1999), the 
18Illinois Supreme
Court declared that Public Act 89-203 violates 
19the single subject rule
of the Illinois Constitution (ILCON 
20Art. IV, Sec. 8) by including certain
provisions relating to 
21mortgage foreclosure in a bill otherwise relating to
crime. It 
22is the purpose of this amendatory Act of the 98th General 
23Assembly to re-enact and modify the provision relating
to the 
24imposition of a mandatory term of natural life
imprisonment if 
25the defendant is found guilty of murdering an
individual under 
2612 years of age. It is also the intent of this amendatory Act 
 
 
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1to comply with the United States Supreme Court decision of 
2Miller v. Alabama which prohibits mandatory sentences of life 
3imprisonment without parole for murder where the defendant was 
4under 18 years of age at the time of the commission of the 
5offense. 
6(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 
796-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 
87-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, 
9eff. 1-1-13; 97-1150, eff. 1-25-13.)